Citation Nr: 20052912 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 13-09 215 DATE: August 10, 2020 REMANDED Entitlement to a disability rating in excess of 10 percent prior to June 24, 2014, and in excess of 20 percent thereafter, for right lower extremity radiculopathy is remanded. Entitlement to a compensable disability rating prior to August 26, 2015, and in excess of 20 percent thereafter, for left lower extremity radiculopathy is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served with the Army National Guard from September 1976 to September 1997. He served an initial period of active duty for training from October 1976 to February 1977 and subsequent periods of both inactive duty training and active duty for training. In April 2016, the Veteran and his daughter testified at a Board videoconference hearing held before the undersigned Veterans Law Judge. A transcript of this hearing is in the record. This matter was last before the Board in January 2018. At that time, the Board remanded the issues for additional development. For the reasons discussed below, there has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998). 1. Entitlement to a disability rating in excess of 10 percent prior to June 24, 2014, and in excess of 20 percent thereafter, for right lower extremity radiculopathy is remanded. 2. Entitlement to a compensable disability prior to August 26, 2015, and in excess of 20 percent thereafter, for left lower extremity radiculopathy is remanded. 3. Entitlement to a TDIU is remanded. The Board in its January 2018 remand instructions directed the Agency of Original Jurisdiction (AOJ) to conduct any needed development to assist the Veteran in his TDIU claim, to include obtaining a VA examination to assess the full extent of the functional impairments due to his service-connected disabilities. Consequently, the Veteran underwent a VA examination in October 2018 to evaluate his service-connected lumbar spine disability and associated bilateral lower extremity radiculopathy. The examiner was specifically asked to comment on the functional impairment caused by the Veteran’s service-connected lumbar spine strain with degenerative disc disease and left lower extremity radiculopathy. However, the examiner’s response provided no such discussion of these functional limitations. He stated only that the Veteran had “severe limitation with ambulation which caused functional impairment with all occupation tasks.” The examiner did not elaborate on what that functional impairment was, and further, the examiner appeared to consider non-service connected intervertebral disc syndrome and spondylolisthesis in his response. The October 2018 VA examiner’s commentary on the extent of the Veteran’s functional impairments due to his service-connected lumbar spine and radiculopathy is inadequate for the Board to objectively assess the merits of the TDIU claim. As such, remand is needed to obtain an addendum opinion from this examiner or possibly a new examination with more thorough findings. The radiculopathy claims are also remanded as intertwined with the TDIU issue as the results of this development may impact the Board’s evaluation of the increased rating claims on appeal. The matters are REMANDED for the following action: Forward the Veteran’s claims folder to the October 2018 VA examiner for an addendum opinion addressing the functional impact the Veteran’s service-connected low back disability and radiculopathy of the bilateral lower extremities has on his ability to perform work-related activities. If such an opinion cannot be provided without an examination, please schedule the Veteran for the appropriate examination. The examiner is asked to identify all limitations or functional impairment caused solely by the Veteran’s service-connected lumbar spine strain with degenerative disc disease of the lumbar spine and associated bilateral lower extremity radiculopathy. M. E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jack S. Komperda, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.